Me. Bar. R. 4
Additionally, in accordance with the Rules for the Maine Assistance Program for Lawyers Rule 1(C)(1) and the Maine Rules for the Lawyers' Fund for Client Protection Rule 3(a), every lawyer admitted to active practice and full-time and active retired judges required to register in accordance with these Rules shall pay assessments in support of the mission of these entities. The assessments shall be established by the Court.
Every lawyer admitted to active practice in Maine shall provide as part of the annual registration process required by Rule 4(b) an active, current email address for electronic service that will be used by other parties and the courts for electronic service of documents, notices, and any other records through any electronic court systems implemented by the Maine ludicial Branch and shall notify the Board immediately of any change in that address.
All persons first becoming subject to these Rules by admission to practice in Maine after April 1st shall file the registration documents required by this rule at the time of admission, but no annual registration fee shall be payable until the next annual registration collection. Failure to register shall result in the issuance of a notice of administrative suspension pursuant to Rule 4(h).
Unless otherwise exempted, each lawyer admitted to the active practice of law shall annually file the following:
If an attorney is administratively suspended pursuant to Rule 4(g)(3), (4), or (5), that attorney must also submit a certificate issued by the appropriate state agency stating that the attorney is currently in good standing and has satisfied any obligations and paid any sums due.
A lawyer who has been administratively suspended must complete the continuing legal education requirements of Rule 5 for each year the attorney has been suspended, but need not complete more than 24 credit hours for that entire period of suspension, provided that (1) no more than one half of the credits are earned through self-study; (2) at least two credit hours are primarily concerned with the issues of ethics or professionalism; and (3) at least two credit hours are primarily concerned with issues of recognition and avoidance of harassment and discriminatory communication or conduct related to the practice of law. Additionally, a lawyer who has been suspended within the previous five (5) years for non-compliance with the continuing legal education requirements of Rule 5 shall be assessed an additional reinstatement fee, as may be set by the Board.
Any lawyer who fails to seek reinstatement within five years of the effective date of the administrative suspension shall be required to petition for reinstatement under Rule 29.
Me. Bar. R. 4
Reporter's Notes - June 2015
Rule 4(a) is based on Model Rule 8(A), and is consistent with language contained in former Maine Bar Rule 6(a).
Rule 4(b) is based on Model Rule 8(A) and (C), and is consistent with language contained in former Maine Bar Rule 6(a)(1). The committee proposed new language, incorporated into Rule 4(b)(4), requiring that attorneys annually certify whether they are currently covered by professional liability insurance. The rule is also revised to require that registration paperwork must be received by the Board no later than August 31st as opposed to being postmarked by August 31st. Lastly, the revised rule also eliminates the proration of registration fees for new admittees registering with the Board after April 1st. Instead, new admittees will be assessed a full registration fee constituting payment for the current and subsequent year.
Rule 4(c) is based on Model Rule 8(B), and is consistent with language contained in former Maine Bar Rules 6(a)(1), 10(a), and 12.
Rule 4(d) is based on Model Rule 8(F) and is consistent with language contained in former Maine Bar Rule 6(a)(1). Rule 4(d) is based on Model Rule 8(F) and is consistent with language contained in former Maine Bar Rule 6(a)(1).
Rule 4(f) is based on former Maine Bar Rule 6(d). There is no equivalent language in the Model Rules.
Rule 4(g) is based on Model Rule 8(H) and is consistent with language contained in former Maine Bar Rule 6(b)(1) to (4). The revised rule makes clear that the failure to file registration documents or receipt of a notice described in Rule 4(G)(3) to (5) will result in an administrative suspension.
Rule 4(h) is based on Model Rule 8(G) and is analogous to language contained in former Maine Bar Rule 6(b)(1) to (5).
Rule 4(i) is based in part on Model Rule 8(G), and mirrors the provisions in former Maine Bar Rules 6(b)(2) to (5) and (7), 6(c), and 7.3(j)(1) and (5)(F). The revised rule extends the time period from 6 months to 5 years wherein an attorney may be reinstated without petitioning the Court.
Rule 4(j) is based on Model Rule 8(I) and is consistent with language contained in former Maine Bar Rule 6(c).
Rule 4(k) is based on former Maine Bar Rule 7.3(i)(2). There is no equivalent language in the Model Rules. The revised rule calls for suspended attorneys to file an affidavit with the Board within ten days attesting to compliance with the rule. The former rule called for 30 days.
Rule 4(m) is based in part on Board Regulation No. 10. The revised rule calls for the Board, on behalf of the Court, to issue Certificates of Good Standing.
Advisory Note - May 2019
The purpose of the amendments to Rule 4(b) and (c) is to remove the CLE Report filing requirement from the annual registration conducted each fiscal year beginning July 1st.
The amendment to Rule 4(i) removes unnecessary subdivision references to Rule 5, increases the maximum number of CLE credits required for reinstatement from 22 to 24, and provides guidance to members of the bar with respect to the two additional credits. The amendment also eliminates the reference to in-house courses, as revised Maine Bar Rule 5 no longer contains in-house self-study language.
Advisory Note - July 2022
Rule 4(a) is amended to incorporate a third paragraph requiring every lawyer admitted to active practice in Maine to provide, as part of the annual registration process, an active, current email address for electronic service that will be used by other parties and the courts for electronic service of documents, notices, and any other records through electronic court systems and to notify the Board immediately of any change in that address. See Rule 1(g)(14) and Advisory Note.
A lawyer who is currently rostered by the Board of Overseers as inactive is relieved of the duty to provide an email service address as provided by Rules 1(g)(14) and 4(a) unless and until such time as the lawyer is reinstated to active status pursuant to Rule 4(j).